The defendant shall be innocent.

1. On May 10, 204, the Defendant, as his employee, violated the restriction on the operation of vehicles of the said land management authority by exceeding 3.30 tons of the 1st stable, 200 tons of gross weight, 40 tons of height, 16.7m in length, 2.5m in width, and 3.15m of 2.5m in order to preserve the structure and prevent the danger of operation of the road as B vehicle drivers from the examination room of the control of vehicles violating the restriction on operation, which are located in the Seodaemun-gu Seoul National Road No. 38 on May 10, 200.

2. The above facts charged constitute Articles 86, 83(1)2, and 54(1) of the former Road Act (amended by Act No. 4920, Jan. 5, 1995; Act No. 8976, Mar. 21, 2008); however, the Constitutional Court rendered a decision of unconstitutionality as to the above provisions on Oct. 28, 2010.

[2] [2010Hun-Ga23, 24, 36, 39, 47, 50] If so, the facts charged in this case constitute a case where the facts charged in this case does not constitute a crime, thereby not guilty under the former part of Article 325 of the Criminal Procedure Act.